VASU NISCHAL Vs. STATE OF J&K

JUDGEMENT

(1.) Jammu and Kashmir Services Selection Board respondent no.3, issued Advertisement Notice Nos.03 of 2004 dated 14.09.2004, No.02 of 2005 dated 30.03.2005, No.10 of 2005 dated 29.12.2005 and No.04 of 2006 dated 29.12.2006, inviting, applications, amongst others, for the posts of Junior Scale Stenographer in the pay scale of Rs.5000-8000 (pre-revised) for District/ Division/State Cadre for various Departments. The posts of Steno Typists as well in the grade of Rs.4000-6000 were also advertised. Petitioners responded to said advertisement notices for the posts of Junior Scale Stenographers as also Steno Typist either for Jammu Division or State Cadre.

(2.) All candidates, who applied to aforementioned advertisement notices, were put to common test and result of that was published in daily newspapers on 13th December 2007. In order to scrutinize certificates appended by candidates with their application forms for posts of Junior Scale Stenographer and Steno Typist, the candidates belonging to Kashmir Division were directed to present themselves on 19th December 2007 in Central Office of SSB Zum Zum Hotel, Rambagh, Srinagar, whereas candidates belonging to Jammu Division were directed to remain present in Central Office of SSB Sehkari Bhawan, Rail Head Complex, Panama Chowk, Jammu, on same date. Petitioners herein, amongst the candidates of Jammu Division, figure at Serial Nos.16, 21, 24 and 26. This was followed by Provisional Select List of candidates for the posts of Junior Scale Stenographer/Steno Typist, State/Divisional/District Cadre as also other posts, published in various newspapers on 30th December 2007. Petitioners figure at Serial Nos.09, 11, 12 and 14 in order of merit. Petitioners, vide Government Order No.1207-LD(A) of 2008 dated 26.03.2008 were appointed as Junior Scale Stenographers in the pay scale of Rs.5000-8000 in the office of Advocate General, J&K (Kashmir Division).

(3.) The petitioners case is that they though in pursuance of their appointment order joined in the office of Advocate General at Srinagar on 5th April 2008 and since condition like 'Kashmir Division' and establishment of Advocate General s Office were ipse dixit of respondents as Advocate General s Office has no independent establishment nor does have independent posts of Junior Scale Stenographer in Divisional Cadre, petitioners with a view to project their case and for redressal of their grievances approached respondents with numerous representations. It is pleaded by petitioners in their writ petition that they represented before Principal Secretary to Government, Department of Law, Justice and Parliamentary Affairs and thereafter before Grievance Cell of Chief Minister (J&K) and that petitioners also approached General Administration Department of J&K. Petitioners aver that they filed application under Right to Information Act and on receipt of information provided by office of respondent no.3, they came to know that pick and choose policy had been adopted inasmuch as candidates figuring at Serial No.2 and 20 have been recommended to be appointed in General Administration Department (State Cadre) and candidates at Serial Nos.3,4,5,6,15,16,18,19,21 and 22 were recommended to be appointed in Finance Department in their respective Divisions i.e. Jammu Division and Kashmir Division Cadre posts whereas petitioners, being above in the merit than the candidates falling at Serial Nos.16,19,20 and 21 in the merit list, were neither recommended for General Administration Department nor for Division Cadre Jammu. It is pleaded that the department, against which candidates figuring at Serial No.21 and 22, were initially appointed, was changed, and the said candidates were appointed in Revenue Department that too within their own respective Divisions. Petitioners on the strength of averments made in writ petition, seek following relief: